Rutgers Law

New Jersey Statutes, Title: 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

    Chapter 8:

      Section: 56:8-166.15: Controller, processor, compliance.

          12. a. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall be construed to restrict a controller's or processor's ability to:

(1) comply with federal or State law or regulations;

(2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, State, municipal, or other governmental authorities;

(3) cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, State, or municipal ordinances or regulations;

(4) investigate, establish, exercise, prepare for, or defend legal claims;

(5) provide a product or service specifically requested by a consumer;

(6) perform under a contract to which a consumer is a party, including fulfilling the terms of a written warranty;

(7) take steps at the request of a consumer prior to entering into a contract;

(8) take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or another individual, and where the processing cannot be manifestly based on another legal basis;

(9) prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity, preserve the integrity or security of systems, or investigate, report, or prosecute those responsible for any such action;

(10) engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board that determines, or similar independent oversight entities that determine,

(a) whether the deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller,

(b) the expected benefits of the research outweigh the privacy risks, and

(c) whether the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with re-identification;

(11) assist another controller, processor, or third party with any of the obligations under P.L.2023, c.266 (C.56:8-166.4 et seq.); or

(12) personal data for reasons of public interest in the area of public health, community health, or population health, but solely to the extent that such processing is

(a) subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed, and

(b) under the responsibility of a professional subject to confidentiality obligations under federal, State, or local law.

b. The obligations imposed on controllers or processors under P.L.2023, c.266 (C.56:8-166.4 et seq.) shall not restrict a controller's or processor's ability to collect, use or retain data for internal use to:

(1) conduct internal research to develop, improve, or repair products, services, or technology;

(2) effectuate a product recall;

(3) identify and repair technical errors that impair existing or intended functionality; or

(4) perform internal operations that are reasonably aligned with the expectations of the consumer or reasonably anticipated based on the consumer's existing relationship with the controller, or are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party. Personal data collected, used, or retained pursuant to this subsection shall, where applicable, take into account the nature and purpose or purposes of such collection, use or retention. Such data shall be subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data and to reduce reasonably foreseeable risks of harm to consumers relating to such collection, use, or retention of personal data.

c. The obligations imposed on controllers or processors under P.L.2023, c.266 (C.56:8-166.4 et seq.) shall not apply where compliance by the controller or processor with the provisions of law would violate an evidentiary privilege under the laws of this State. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under the laws of the State as part of a privileged communication.

d. Personal data that are processed by a controller pursuant to an exception provided by this section:

(1) shall not be processed for any purpose other than a purpose expressly listed in this section; and

(2) shall be processed solely to the extent that the processing is necessary, reasonable, and proportionate to the specific purpose or purposes listed in this section.

e. If a controller processes personal data pursuant to an exemption in this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in this section.

f. Processing personal data for the purposes expressly identified in this section shall not solely make a legal entity a controller with respect to such processing if such entity would not otherwise meet the definition of a controller.

L.2023, c.266, s.12.

This section added to the Rutgers Database: 2024-05-21 14:38:32.

Older versions of 56:8-166.15 (if available):

Court decisions that cite this statute: CLICK HERE.